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H1B petition transfer case is nearing to 240 days

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On Mar 29, 2018, my new employer filed for H1B transfer petition. And it got converted in the premium on Sep 07, 2018.

My previous employer has revoked my I-797 with validity  Jul 16, 2020. However, my previous to previous employer's I-797 is still valid till date Feb 28, 2020.


I have the following points or questions:

1. My case is still pending, and I haven't heard back from USCIS.

2. I'll be completing my 240 days soon, I hope it would be either on Nov 28 or 29.

3. Does the 240 days of work validity on the receipt apply on me? If no, then please justify with a note which I can see on USCIS site.

4. If yes, what all options I have? Do I need to go out of the country? Or I just have stopped working for my client?

5. Is it possible - If my employer files another petition for the H1B?

6. If my employer filed - does it mean my previous petition will be of no use?

7. If I got an RFE, my 240 days will still be there or it will again start from the day of RFE?

8. I have changed my client's building. And I am in a different building whether my transfer petition was filed. Do I need to file another LCA and file the amendment for my transfer petition even though my current petition is still pending?

9. 7. What all options I do have? Do I need to talk to my team, then go and work from India until my petition will not get approved?


Please advise what to do?



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On 11/9/2018 at 10:56 AM, Veerucs said:

I am not an attorney but as far as I know 240 days grace period will not be applicable for transfer cases

Hi Veerucs,

Are you sure that - "it is not going to apply on transfer case"? Could you point some article or USCIS note for the same?

Thank you.


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yes it is,  I had a transfer issue then I spoke to Murthy Attorney and I raised the same question about 240 days . She confirmed 240 days rule is only for extension. You can also call to USCIS customer support# to confirm.

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